Allahabad High Court
APURVA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court directed the Tahsildar to dispose of the pending mutation application within three months, without expressing any opinion on the merits.
Summary
Apurva Singh filed a writ petition seeking a direction to the Tehsildar, Judicial, Ballia Sadar, to decide a pending mutation case (No.11136 of 2025) that had been filed under sub‑rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016. The petitioner argued that the Tahsildar had failed to dispose of the application within the statutory time limits of 45 days for undisputed cases or 90 days for disputed cases. The Court examined the statutory provision and, without expressing any view on the merits of the mutation claim, ordered the authority to decide the application on its merits within three months of the order, barring unnecessary adjournments. The Court also reserved the right of any private respondent to seek modification of the order. The writ petition was subsequently disposed of.
Issues considered
- Whether the High Court can direct the Tahsildar to dispose of a pending mutation application within a specified time frame under the U.P. Revenue Code Rules, 2016.
Legislation cited
- U.P. Revenue Code Rules, 2016 — s. Rule 34(7)
Subjects
- mutation
- land revenue
- time bound disposal
- writ petition
- administrative law
- U.P. Revenue Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10102 of 2026
Apurva Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bachcha Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned counsel for the
respondents and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the private respondent to notice and keeping
this petition pending before this Court. However, in case the private
respondent feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.
3. The petitioner has preferred present petition with the prayer to direct
the respondent no.2-Tehsildar, Judicial, Tehsil-Ballia Sadar, District
Ballia to decide Mutation Case being Case No.11136 of 2025,
Computerized Case No.T202515090311163 expeditiously.
4. Learned counsel for the petitioner would submit that an application
filed under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules,
2016, is pending since long. At this stage it would be apt and appropriate
to note sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016,
which mandates that upon such an application being filed, the authority
concerned would be required to dispose of the same within time bound
period strictly in accordance with law. Sub-rule (7) of Rules 34 of the
U.P. Revenue Code Rules, 2016,
"(7). The Tahsildar shall make an endeavor to decide the
undisputed case of mutation within the period of 45 days from the
date of the registration of the case and the disputed case of mutation
within the period of 90 days and if the proceeding is not concluded
within such period the reason for the same shall be recorded.
WRIC No. 10102 of 2026
2
5. In the teeth of the said provision and also in the light of the submissions
made by the learned Advocates appearing for the parties, a direction is
being issued to the authorities to take up the said application and dispose
of the same on its own merits strictly in accordance with law most
expeditiously and preferably within a period of three months from the
date of production of certified copy of this order but without granting
unnecessary adjournment unless there is no legal impediment.
6. With the aforesaid observations, the writ petition is disposed of.
7. It is made clear that this Court has not expressed any opinion on the
merits of the rival submissions.
(Prakash Padia,J.)
March 18, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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